Patent Law Weblog
recent posts
- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
- Meanwhile, Back at the PTAB with CRISPR – Update
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Category: Federal Circuit
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Daiichi Sankyo Co. v. Apotex, Inc. (Fed. Cir. 2007) (reissued as precedential) By Robert Dailey — Much of patent law depends on the attributes of the hypothetical "person having ordinary skill in the art" (PHOSITA). Particularly, claim construction and obviousness determinations depend on how the court defines PHOSITA for the patent-in-suit. Nevertheless, Federal…
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By Kevin E. Noonan — The contours of the Federal Circuit’s obviousness jurisprudence post-KSR continued to be revealed today with the CAFC’s decision in Aventis Pharma Deutschland GmbH v. Lupin, Ltd. The Federal Circuit reversed a finding in the District Court that the Aventis claims were non-obvious, based on what it termed a…
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By Kevin E. Noonan — The Federal Circuit today affirmed a District Court finding that ANDA filer Ivax Pharmaceuticals and co-Defendant Cipla had not shown by clear and convincing evidence that Forest Laboratories’ patent-in-suit for Lexapro® was invalid. In doing so, the CAFC answered (for now) the question of whether a patent on…
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By Kevin E. Noonan — Easily lost in the understandable outrage over the new PTO continuation rules, the Board of Patent Appeals and Interferences is proceeding to chart the metes and bounds of the PTO’s reaction to the Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc. (see Patent Docs report). Fortunately,…
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By Sherri Oslick — Set your bookmarks; the CAFC will be changing its web site address to conform to the naming convention used by the other U.S. appellate courts. Effective October 1, 2007, the CAFC web site will be available at http://www.cafc.uscourts.gov. In order to assist with the transition, the old web site…
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By Donald Zuhn — On August 20, 2007, the Federal Circuit reversed an award of priority by the Board of Patent Appeals and Interferences to Drs. C. Richard Schlegel and A. Bennett Jenson (Schlegel), and instead awarded priority to Drs. Ian Frazer and Jian Zhou (Frazer). The Federal Circuit also remanded the case…
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By Kevin E. Noonan — The cost of prescription drugs, and the proper apportionment of these costs between innovator drug companies (who frequently possess patent protection of their products) and consumers (who have access to political and other sources of resistance to increased drug costs) poses a policy problem that has been brewing…
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Denial of PI for Interim Patent Term Extension Affirmed By Sherri Oslick — In a nonprecedential opinion, the Federal Circuit affirmed the District Court of Delaware’s denial of Somerset’s request for preliminary injunction to compel the Director of the USPTO to grant an interim patent term extension. Somerset is the owner of U.S.…
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By Kevin E. Noonan — The Federal Circuit decided the Integra Lifesciences I, Ltd. v. Merck KGaA case last week on remand from the Supreme Court, which had (in)famously overturned the CAFC last year. In its earlier decision, the Federal Circuit had affirmed the District Court’s finding that Merck’s activities did not fall…
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By Kevin E. Noonan — The Federal Circuit addressed the contours of federal court declaratory judgment jurisdiction in light of the recent U.S. Supreme Court holding in MedImmune,Inc. v. Genentech, Inc. in a decision last week in Benitec Australia, Ltd. v. Nucleonics, Inc. Although the Federal Circuit’s application of the law was uneventful,…
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